What is the share of each heir from the legal inheritance consisting of (six sons and two intersex individuals), bearing in mind that one of the sons built on the fourth floor of the property owned by the father? Is he entitled to claim the value of what he spent on this construction, and what is his share of the inheritance?

If the heirs are limited to those mentioned, and it becomes clear that the two hermaphrodites are females, then the inheritance is divided by ta’sib (residuary heirship) among the sons and daughters, with the male receiving the share of two females. Thus, it is divided into 14 shares: two shares for each son and one share for each daughter.

Regarding the son building on top of his father’s house, he must present evidence that the construction was funded by his own money, because the default is that the house belongs to the father. "The burden of proof is on the claimant, and the oath is on the defendant." If he does not present evidence, the heirs must swear an oath denying knowledge that the claimant built the floor with his own money or that the father gifted him the roof.

If the heirs are minors, they do not swear an oath, and the matter remains suspended until they reach maturity; their guardian cannot swear on their behalf. If the son presents evidence for his construction, then the rulings concerning what the son built on top of his father's house will apply.